Zoning Administrator
Appeal: 1495 Melrose Ave.
1 City Council
January 17, 2023
Item 8.2
2 ALCOHOL LICENSING/PERMITTING
- Sets Policies for Licensure
- Licensure of Alcohol Sales
- Determination of Public
Convenience or Necessity (PCN)
- Places Conditions on Licenses
and/or Permits
- City Council Sets Policy for
Permitting
- Issues Conditional Use Permits
(CUP) for Sale of Alcohol
- Places Conditions on Permits
3TYPES OF ALCOHOL LICENSES
Type 20 - (Retail Store) Authorizes the sale of beer
and wine for consumption off the premises where
sold. Minors are allowed on the premises. (Off Sale)
Type 21 - (Retail Store) Authorizes the sale of beer,
wine and distilled spirits for consumption off the
premises where sold. Minors are allowed on the
premises. (Off Sale)
Types 40 and 42 are for bars and taverns
Types 41 and 47 are for restaurants
4PROCESS - LICENSE
• Application for license with ABC
• ABC will inquire with Chula Vista Police
Department (CVPD) as to PCN
• CVPD determines if PCN is triggered based on:
• Concentration of Similar Licenses in Area
• Crime Rate in Area
• CVPD will protest/conditionally approve the license
or hold a public hearing on PCN
• ABC will require Applicant to contact City for any
permits needed prior to issuance of the license
5PROCESS - PERMIT
• Application for CUP with City of Chula Vista’s
Development Services Department (DSD)
• DSD will inquire with CVPD and ABC as to:
• Concentration of Similar Licenses in Area
• Crime Rate in Area
• DSD will verify sale of alcohol is permitted pursuant to zoning, land use, and development standards
• Zoning Administrator will consider all evidence and
issue a decision on the issuance of the CUP
6OVERCONCENTRATION
Overconcentration of liquor licenses is calculated by census tract and is limited to “one [license] for each 2,500, or fraction thereof, inhabitants of the [census tract] in which the premises are situated”
California Alcoholic Beverage Control Act, Section 23817.5(a)(1) 7OVERCONCENTRATION
City of El Cajon: 17.210.160
National City: 18.30.050.D.
City of San Diego: 141.0502(c)(2)
City of San Marcos: 20.425.030.B.1.
City of Solana Beach: 17.60.030.A.1.
8OVERCONCENTRATION
City of Santa Monica Municipal Code Article
9.31.040:
“To limit the potential for community problems such
as public drunkenness, drunk driving, traffic
accidents, violent crime, noise, and nuisance from
an overabundance or overconcentration of the
availability of alcohol and its consumption.”
HISTORY - 1495 MELROSE AVE. 9
2008:
April 14, 2008 – Applicant filed a Public Convenience or Necessity (PCN) form with the Chula Vista Police Department (CVPD) for the permission to sell alcohol for offsite consumption (Type-21) at 1495 Melrose Ave.
May 14, 2008 – CVPD held a public hearing to determine if PCN had been met in order to sell alcohol at the site
June 9, 2008 – CVPD determined PCN had not been met and filed such decision with the City Clerk
June 17, 2008 – Applicant appealed CVPD’s PCN decision to the City Council
HISTORY - 1495 MELROSE AVE. 10
2008 (cont.):
August 12, 2008 – City Council upheld CVPD’s decision that PCN had not been met (City Council Resolution No. 2012-225) citing issues of overconcentration and a lack of neighborhood support HISTORY - 1495 MELROSE AVE. 11
2012:
August 9, 2012 – Zoning Administrator (ZA) held public hearing on PCC-11-073 for the issuance of a Conditional Use Permit (CUP) to sell alcohol for offsite consumption (Type-21) at 1495 Melrose Ave.
August 24, 2012 – ZA issued a Notice of Decision approving a CUP for Type-21 licensed activities at the site
September 11, 2012 – Lewis Brewer filed appeal of ZA’s decision November 20, 2012 – City Council upheld Mr. Brewer’s appeal and reversed the ZA’s decision, thus denying the CUP (City Council Resolution No. 2012-225) citing issues of
overconcentration and a lack of neighborhood support
HISTORY - 1495 MELROSE AVE. 12
2018:
January 24, 2019 – Zoning Administrator held a public hearing on CUP18-0023 for the issuance of a CUP to sell alcohol for offsite consumption (Type-21) at 1495 Melrose Ave.
February 15, 2019 – ZA issued a Notice of Decision denying the CUP for Type-21 licensed activities at the location due to issues of overconcentration and a lack of neighborhood support No Appeal was filed by the Applicant.
HISTORY - 1495 MELROSE AVE. 13
2022:
May 17, 2022 – ABC sent
CVPD a notice of
application for a Type-21
license at 1495 Melrose
Ave.; the letter stated the
location of the business is
in Census Tract 133.06
and that there is currently
an overconcentration of
Type-21 licenses in Census
Tract 133.06
CT 133.06 - CONCENTRATION 14
CENSUS TRACTS 133.06 & 133.12 15
HISTORY - 1495 MELROSE AVE. 16
2022 (cont.):
May 25, 2022 – CVPD protested the issuance of the license and placed conditions on the license if ABC were to move forward with issuance:
• Alcohol to be sold only between 8am and midnight, M-F • No loitering on premises
• Owner must maintain litter- and graffiti-free premises • No loud amplification systems (for noise control)
• All beer and malt beverages must be sold in
manufacturer’s pre-packaged, multi-unit quantities
• All US Super Gas employees must attend ABC training
HISTORY - 1495 MELROSE AVE. 17
2022 (cont.):
July 12, 2022 – Applicant applied for a CUP with the
Development Services Department for the sale of alcohol for off- site consumption (Type-21) at 1495 Melrose Ave.
October 2022 – Planning staff reviewed the project and
informed the Applicant that staff will recommend denying CUP22-0023 based on oversaturation of Census Tract 133.06 (per ABC guidelines); Applicant asked for public hearing in front of the ZA
HISTORY - 1495 MELROSE AVE. 18
2022 (cont.):
November 15, 2022 – Applicant emailed ABC about ABC’s data reflected on their website and took screenshots of webpages
HISTORY - 1495 MELROSE AVE. 19
2022 (cont.):
November 16, 2022 – Zoning Administrator held a public
hearing on CUP22-0023 for the issuance of a CUP to sell alcohol for offsite consumption (Type-21) at 1495 Melrose Ave.
December 2, 2022 – Zoning Administrator issued a Notice of Decision on CUP22-0023 denying the permit due to issues of overconcentration and a lack of neighborhood support
December 15, 2022 – Applicant appealed ZA’s decision
January 17, 2023 – City Council is scheduled to hear the Appeal for CUP22-0023
CENSUS TRACTS 133.06 & 133.12 20
ABC LICENSES IN 133.06 21
ZONING ADMIN’S DECISION 22
BASIS OF APPEAL 23
BASIS OF APPEAL 24
BASIS OF APPEAL 25
ABC LICENSES IN 133.06 26
RECOMMENDATION
Conduct a public hearing and adopt a resolution denying the appeal of US Super Gas, Inc. affirming the Zoning
Administrator’s previous action denying Conditional Use Permit CUP22-0023 for an off-site consumption alcohol
license at 1495 Melrose Avenue.
27